HomeMy WebLinkAboutContract 56403 CSC No.56403
CONTRACT FOR TRANSPORTATION AND DISPOSAL SERVICES OF
SOLID WASTE FROM JETTER AND/OR VACTOR TRUCKS
FOR THE FORT WORTH WATER DEPARTMENT
This contract is entered into by and between the City of Fort Worth, Texas, a
home-rule municipal corporation situated in Tarrant, Denton and Wise Counties, Texas,
hereinafter called "City," acting herein through Dana Burghdoff, its duly authorized
Assistant City Manager, and Cowtown Processing & Disposal, doing business as Cold
Springs Processing & Disposal, hereinafter called "Contractor," by and through Chad
Beavers, its duly authorized President.
In consideration of the mutual promises and benefits of this contract, the City and
Contractor agree as follows:
1.
TERM
The initial term of this contract shall be for a period of twelve (12) months, beginning on
the date executed by the City Secretary. In addition to the initial term, the City shall have
the right to renew this contract for up to four (4) one (1) year renewal terms. All terms
and conditions shall remain the same unless other agreed to by written amendment.
2.
SCOPE OF CONTRACTOR'S SERVICES
Contractor shall perform in a good and professional manner the transportation and
disposal of solid waste from Jetter and/or Vactor trucks after the City cleans sewer
lines, lift stations, and storm drains on an as needed basis. There shall be no
guarantee of work by the City for such services. Such services shall be performed
as more particularly described in Exhibit A and shall be incorporated as part of
this contract as if fully set forth herein. Any conflict between such documents and
the main body of this Contract shall be governed by the terms of the main body of
this contract.
3.
SCOPE OF CITY SERVICES
City shall designate a City representative to provide timely direction to the Contractor,
render City decisions;
A. City shall provide a manifest to Contractor of waste disposal, detailing required
regulatory and other pertinent information.
OFFICIAL RECORD
CITY SECRETARY
Waste Disposal for Jetter and Vactor Trucks Final09/16/21 FT. WORTH, TX
4 .
COMPENSATION
A In consideration for the work performed by Contractor under this contract, City shall
pay Contractor a sum not to exceed $70,000.00. Payment shall be based on the
unit price charges contained in Exhibit B. Contractor shall not perform any
additional services or bill for expenses incurred for City not specified by this
contract unless City requests and approves in writing the additional costs for such
services. City shall not be liable for any additional expenses of Contractor not
specified by this contract unless City first approves such expenses in writing. The
City is responsible for notifying Contractor of any questions concerning an invoice,
and shall not be required to pay Contractor until such questions have been
resolved.
B. The City agrees to pay Contractor within thirty (30) days after receipt of correct
invoices for each task completed, for all uncontested or undisputed bills. In the
event of a disputed or contested billing, only that portion so contested will be
withheld from payment, and the undisputed portion will be paid. The City will
exercise reasonableness in contesting any bill or portion thereof. No interest will
accrue on any contested portion of the billing until mutually resolved.
5.
INSURANCE
The Contractor certifies it has, at a minimum, current insurance coverage as
detailed below and will maintain it throughout the terms of this contract. Prior to
commencing work, the Contractor shall deliver to Fort Worth certificates
documenting this coverage. The City may elect to have the Contractor submit its
entire policy for inspection.
Contractor also certifies that if it uses a subcontractor in the performance of this
agreement that each subcontractor shall have, at a minimum, current insurance
coverage as detailed below and will maintain it throughout the terms of this contract
or such subcontractor shall be covered under Contractor's insurance.
A Commercial General Liability Insurance - $1 ,000,000 each occurrence,
$2,000,000 aggregate.
B. Automobile Liability Insurance-
Coverage on vehicles involved in the work performed under this contract:
$1,000,000 per accident on a combined single limit basis or:
$500,000 Bodily injury/person;
$1 ,000,000 Bodily injury/accident; and
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$250,000 Property damage.
D. Worker's Compensation -
Statutory limits for Worker's Compensation plus
employer's liability at a minimum:
$1,000,000 each accident;
$1,000,000 disease - policy limit; and
$500,000 disease -each employee.
E. The following shall pertain to all applicable policies of insurance listed
above:
1. Each insurance policy required by this contract, except for Workers
Compensation insurance and professional liability insurance policies
shall be endorsed to include that the City of Fort Worth, its officers,
agents, employees, representatives, and volunteers as additional
insured as respects operations and activities of, or on behalf of the
named insured, performed under contract with the Cityof Fort Worth.
2. Subcontractors shall be covered under the Contractor's insurance
policies or they shall provide their own insurance coverage; and, in
the latter case, documentation of coverage shall be submitted to the
Contractor prior to the commencement of work and the Contractor
shall deliver such to the City.
3. Prior to commencing work under the contract, the Provider shall
deliver to the City of Fort Worth insurance certificate(s) documenting
the insurance required and terms and clauses required.
4. Each insurance policy required by this contract shall contain the
following clause or reasonably equivalent terms:
"This insurance shall not be canceled, limited in scope or coverage,
or non-renewed until after thirty (30) days prior written notice has
been given to the Risk Manager of the City of Fort Worth, 200 Texas
Street, Fort Worth, TX 76102"
5. The insurers for all policies must be approved to do business in the
State of Texas and be currently rated in terms of financial strength
and solvency to the satisfaction of the Risk Manager for the City of
Fort Worth.
Waste Disposal for Jetter and Vactor Trucks Fina109/16/21 Page 3
6. The deductible or self-insured retention (SIR) affecting the
coverage required shall be acceptable to the Risk Manager of the
City of Fort Worth; and, in lieu of traditional insurance, alternative
coverage maintained through insurance pools or risk retention
groups must be also approved.
6.
INDEMNIFICATION
A. For purposes of this contract, the following words and phrases shall be defined
as follows:
1. Environmental Damages shall mean all claims, judgments, damages,
losses, penalties, fines, liabilities (including strict liability), encumbrances,
liens, costs, and expenses of investigation and defense of any claim,
whether or not such claim is ultimately defeated, and of any good faith
settlement or judgment, of whatever kind or nature, contingent or
otherwise, matured or unmatured, foreseeable or unforeseeable, including
without limitation reasonable attorney's fees and disbursements and
consultant's fees, any of which are incurred as a result of handling,
collection, transportation, storage, disposal, treatment, recovery, and/or
reuse of waste pursuant to this contract, or the existence of a violation of
environmental requirements pertaining to, and including without limitation:
a. Damages for personal injury and death, or injury to property or
natural resources;
b. Fees incurred for the services of attorneys, consultants,
contractors, experts, laboratories and all other costs in connection
with the investigation or remediation of such wastes or violation of
environmental requirements including, but not limited to, the
preparation of any feasibility studies or reports of the performance
of any cleanup, remediation, removal, response, abatement,
containment, closure, restoration or monitoring work required by
any federal, state or local governmental agency or political
subdivision, or otherwise expended in connection with the
existence of such wastes or violations of environmental
requirements, and including without limitation any attorney's fees,
costs and expenses incurred in enforcing this contract or collecting
any sums due hereunder; and
C. Liability to any third person or governmental agency to indemnify
such person or agency for costs expended in connection with the
items referenced in paragraph 2 of this part.
Waste Disposal for Jetter and Vactor Trucks Fina109/16/21 Page
2. Environmental requirements shall mean all applicable present and future
statutes, regulations, rules, ordinances, codes, licenses, permits, orders,
approvals, plans, authorizations, concessions, franchises, and similar
items, of all governmental agencies, departments, commissions, boards,
bureaus, or instrumentalities of the United States, states, and political
subdivisions thereof and all applicable judicial, administrative, and
regulatory decrees, judgments, and orders relating to the protection of
human health or the environment, including without limitation:
a. All requirements, including, but not limited to, those pertaining to
reporting, licensing, permitting, investigation, and remediation of
emissions, discharges, releases, or threatened releases of
hazardous materials, pollutants, contaminants or hazardous or toxic
substances, materials, or wastes whether solid, liquid, or gaseous in
nature, into the air, surface water, groundwater, stormwater, or land,
or relating to the manufacture, processing, distribution, use,
treatment, storage, disposal, transport, or handling of pollutants,
contaminants, or hazardous or toxic substances, materials, or
wastes, whether solid, liquid, or gaseous in nature; and
b. All requirements pertaining to the protection of the health and safety
of employees or the public.
B. GENERAL INDEMNIFICATION. CONTRACTOR DOES HEREBY RELEASE,
INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS
OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS, FROM AND
AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR
CAUSES OF ACTIONS WHICH MAY ARISE DUE TO ANY LOSS OR
DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, AND/OR
DEATH OCCURRING AS A CONSEQUENCE OF THE PERFORMANCE OF
THIS CONTRACT, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE
CAUSED BY THE NEGLIGENCE OF CONTRACTOR, ITS OFFICERS,
AGENTS, OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF
CONTRACTOR, ITS OFFICERS, AGENTS, OR EMPLOYEES, AND ANY
OTHER PERSON OR ENTITY.
C. ENVIRONMENTAL INDEMNIFICATION: CONTRACTOR DOES HEREBY
RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE
CITY, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS,
AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE
VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS
RESULTING FROM THE HANDLING, COLLECTION, TRANSPORTATION,
TESTING, STORAGE, DISPOSAL, TREATMENT, RECOVERY, AND/OR
REUSE, BY ANY PERSON, OF WASTE COLLECTED PURSUANT TO THIS
CONTRACT.
Waste Disposal for Jetter and Vactor Trucks Final09/16/21 Page
D. The obligations of the Contractor under this Section shall include, but not be limited
to, the burden and expense of defending all claims, suits and administrative
proceedings (with counsel reasonably approved by City), even if such claims, suits
or proceedings are groundless, false, or fraudulent, and conducting all negotiations
of any description, and paying and discharging, when and as the same become
due, any and all judgments, penalties or other sums due against such indemnified
persons.
E. Upon learning of a claim, lawsuit, or other liability that Contractor is required
hereunder to indemnify, City shall provide Contractor with reasonably timely notice
of same.
F. The obligations of the Contractor under this section shall survive the expiration of this
contract and the discharge of all other obligations owed by the parties to each
other hereunder.
G. In all of its contracts with subcontractors for the performance of any work under
this contract, Contractor shall require the subcontractors to indemnify the City in
a manner consistent with this section.
7 .
WARRANTY
Contractor warrants that it understands the known hazards and suspected hazards that
are present to persons, property and the environment by providing transportation and
disposal of solid waste. Contractor further warrants that it will perform all services under
this contract in a safe, efficient and lawful manner using industry accepted practices, and
in full compliance with all applicable state and federal laws governing its activities and is
under no restraint or order which would prohibit performance of services under this
contract.
8 .
LICENSES AND PERMITS
Contractor certifies that on the day work is to commence under this contract, and during
the duration of the contract, it shall have and maintain current valid and appropriate
federal and state licenses and permits necessary for the provision of services under this
contract.
Contractor also certifies that if it uses any subcontractor in the performance of this
agreement, that such subcontractor shall have and maintain current valid and appropriate
federal and state licenses and permits necessary for the provision of services under this
contract.
Waste Disposal for Jetter and Vactor Trucks Fina109/16/21 Page
9.
TERMINATION
A. The City may terminate this contract without cause by giving thirty (30) days written
notice to Contractor, provided that such termination shall be without prejudice to
any other remedy the City may have. In the event of termination, any work in
progress will continue to completion unless specified otherwise in thenotice of
termination.
B. If the City terminates this contract under paragraph A in this section, City shall pay
Contractor for all services performed prior to the termination notice.
C. All completed or partially completed original documents prepared under this
contract shall become the property of the City when the contract is terminated, and
may be used by the City in any manner it desires; provided, however, that the
Contractor shall not be liable for the use of such documents for any purpose other
than as described when requested.
D. In the event either party defaults in the performance of any of its obligations under
this Contract, misrepresents to the other a material fact, or fails to notify the other
party of any material fact which would affect the party's performance of its
obligations hereunder, the non-defaulting party shall have a right to terminate this
contract upon giving the defaulting party written notice describing the breach or
omission in reasonable detail. The defaulting party shall have a thirty (30) day
period commencing upon the date of notice of default in which to affect a cure. If
the defaulting party fails to affect a cure within the aforesaid thirty (30) day period,
or if the default cannot be cured, the Contract shall terminate as of the date
provided in the notice of default.
10.
DEFAULT
A. Contractor shall not be deemed to be in default because of any failure to perform
under this contract, if the failure arises from causes beyond the control and without
the fault or negligence of Contractor. Such causes shall include acts of God, acts
of the public enemy, acts of Government, in either its sovereign or contractual
capacity, fires, flood, epidemics, quarantine restrictions, strikes, freight
embargoes, and unusually severe weather for the geographic area,
B. Alternatively, if at any time during the term of this contract the work of Contractor
fails to meet the specifications of the contract documents, City may notify
Contractor of the deficiency in writing. Failure of Contractor to correct such
deficiency and complete the work required under this contract to the satisfaction of
City within five (5) calendar days after written notification shall result in termination
of this contract. All costs and attorneys fees incurred by City in the enforcement of
any provision of this contract shall be paid by Contractor.
Waste Disposal for Jetter and Vactor Trucks Fina109/16/21 Page
D. The remedies provided for herein are in addition to any other remedies available to
City elsewhere in this contract.
11.
RIGHT TO AUDIT
A. City shall, until the expiration of five (5) years after final payment under this
contract, have access to and the right to examine any directly pertinent books,
documents, papers and records of Contractor involving transactions related to this
contract. Contractor shall give City access during normal working hours to all
necessary Contractor facilities in order to conduct audits in compliance with the
provisions of this paragraph. City shall give Contractor reasonable advance notice
of intended audits.
B. Contractor shall include in all its subcontracts hereunder a provision to the effect
that the subcontractor shall give City, until the expiration of five (5) years after final
payment under the subcontract, access to and the right to examine any directly
pertinent books, documents, papers and records of such subcontractor involving
transactions to the subcontract, and further, that City shall have access during
normal working hours to all appropriate work space, in order to conduct audits in
compliance with the provisions of this paragraph. City shall give subcontractor
reasonable advance notice of intended audits.
12.
INDEPENDENT CONTRACTOR
Contractor shall perform work under this contract as an independent contractor and not
as an agent or employee of City. City shall not be considered the employer, co- employer
or joint employer of the officers, employees or agents of Contractor. Contractor shall
have the sole control, supervision, direction and responsibility over its officers, employees
and agents and shall have the sole responsibility for determiningthe manner and means
of providing the work described in this contract, except as outlined in this contract or as
otherwise required by federal, state, county or city law, regulation or rule.
13.
NON-DISCRIMINATION
A. During the performance of this contract, Contractor agrees not to discriminate
against any employee or applicant for employment because of race, religion, color,
sex or national origin, except where religion, sex or national origin is a bona fide
occupational qualification reasonably necessary to the normal operation of the
Contractor. Contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices setting forth the provisions of
the non-discrimination clause.
Waste Disposal for Jetter and Vactor Trucks Fina109/16/21 Page
B. Contractor also agrees that in all solicitations or advertisements for employees
placed by or on behalf of this contract, that Contractor is an equal opportunity
employer.
C. Notices, advertisements, and solicitations placed in accordance with federal law,
rule or regulation shall be deemed sufficient for the purpose of meeting the
requirements of this section.
14.
GOVERNING LAW
The City and Contractor agree that the validity and construction of this Contract shall be
governed by the laws of the State of Texas, except where preempted by federal law.
15.
RIGHTS AND REMEDIES NOT WAIVED
In no event shall the making by the City of any payment to Contractor constitute or be
construed as a waiver by the City of any breach of covenant, or any default which may
then exist, on the part of Contractor, and the making of any such payment by the City
while any such breach or default exists shall in no way impair or prejudice any right or
remedy available to the City with respect to such breach or default. Any waiver by either
party of any provision or condition of the contract shall not be construed or decreed to be
a waiver of any other provision or condition of this Contract, nor a waiver of a subsequent
breach of the same provision or condition, unless such waiver be expressed in writing by
the party to be bound.
16.
ENTIRETY
This contract, the contract documents and any other documents incorporated by
reference herein contain all the terms and conditions agreed to by the City and Contractor,
and no other contracts, oral or otherwise, regarding the subject matter of this contract or
any part thereof shall have any validity or bind any of the parties hereto.
17.
ASSIGNMENT
The City and Contractor bind themselves and any successors and assigns to this
contract. Contractor shall not assign, sublet, or transfer its interest in this contract without
written consent of the City. Nothing herein shall be construed as creating any personal
liability on the part of any officer or agent of the City, nor shall it be construed as giving
any rights or benefits hereunder to anyone other than the City and Contractor.
Waste Disposal for Jetter and Vactor Trucks Final09/16/21 Page
18.
NOTICE
Notices required to be made under this contract shall be sent to the following persons at
the following addresses; provided, however, that each party reserves the right to change
its designated person for notice, upon written notice to the other party of such change:
If to City:
Written notice shall be sent to:
Chris Harder, P.E.
Director of the Water Department
200 Texas Street
Fort Worth, Texas 76102
817-392-5020
If to Contractor:
Cowtown Disposal & Processing d/b/a Cold Springs Disposal &
Processing
Name of Contact Person: Chad Beavers-----
Address: 1300 Cold Springs
FRcI ----------------------
Fort Worth TX.
'7 6 O 1 2-----------------
Telephone: 817-332-4939
19.
VENUE
Should any action, real or asserted, at law or in equity, arise out of the terms and
conditions of this contract, venue for said action shall be in Tarrant County, Texas.
20.
SEVERABILITY
The provisions of this contract are severable; and if for any reason any one or more of
the provisions contained herein are held to be invalid, illegal or unenforceable in any
respect, the invalidity, illegality or unenforceability shall not affect any other provision of
this contract, and this contract shall remain in effect and be construed as if the invalid,
illegal or unenforceable provision had never been contained in the contract.
Waste Disposal for Jetter and Vactor Trucks Fina109/16/21 age 10
21.
MODIFICATION
No modification of the contract shall be binding on Contractor or City unless set out in
writing and signed by both parties.
22.
PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
Contractor acknowledges that in accordance with Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is
prohibited from entering into a contract for goods or services that has a value of
$100,000 or more that is to be paid wholly or partly from public funds of the City with a
company with 10 or,more full-time employees unless the contract contains a written
verification from the company that it: (1) does not boycott energy companies; and (2) will
not boycott energy companies during the term of the contract. The terms "boycott energy
company" and "company" have the meaning ascribed to those terms by Chapter 2274
of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S.,
S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to
this Agreement, by signing this Agreement, Contractor certifies that Contractor's
signature provides written verification to the City that Contractor: (1) does not boycott
energy companies; and (2) will not boycott energy companies during the term of this
contract.
23.
PROHIBITION ON DISCRIMINATION AGAINST
FIREARM AND AMMUNITION INDUSTRIES
Contractor acknowledges that except as otherwise provided by Chapter 2274 of the
Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City
is prohibited from entering into a contract for goods or services that has a value of
$100,000 or more that is to be paid wholly or partly from public funds of the City with a
company with 10 or more full-time employees unless the contract contains a written
verification from the company that it: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and (2)
will not discriminate during the term of the contract against a firearm entity or firearm
trade association. The terms "discriminate," "firearm entity" and "firearm trade
association" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent
that Chapter 2274 of the Government Code is applicable to this Agreement, by signing
this Agreement, Contractor certifies that Contractor's signature provides written
verification to the City that Contractor: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and (2)
Waste Disposal for Jetter and Vactor Trucks Final09/16/21 Page 11
will not discriminate against a firearm entity or firearm trade association during the term
of this Contract.
This contract shall be effective on the date signed by the City Secretary below.
City of Fort Worth Cowtown Disposal & Processing
d/b/a Cold Springs Disposal &
Proc sing
Dana Burg hdoff(Oct 1,202 0:19 CDT)
Dana Burghdoff Chad- eaver
Assistant City Manager President
Christopher 4arder(Oct 1,202107:18CDT) WITNESS:
Chris Harder =--
Water Director
Christi R Lopez-Revnolds �!� �,�t.t✓
Christa R.Lopez-Reno ds(Oct 1,202107:32 CDT) .
Christa R. Lopez-Reynolds v—
Sr.Assistant City Attorney
Name:
Title: t
ATTEST; �4�nIl
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Ronald Gonzales do 0
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Acting City Secretary �o o °
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DATE SIGNED: �at<nExAs��p
CONTRACT COMPLIANCE MANAGER
By signing, I acknowledge that I am the person responsible for the monitoring and administration of this
contract, including ensuring all performance and reporting requirements.
Naffie �
Title
OFFICIAL RECORD
Waste Disposal for setter and Vactor Trucks Finalow16/21 CITY SECRETARY
FT.WORTH, TX
EXHIBIT A
SCOPE OF SERVICE
1. Contractor shall accept, handle and dispose of waste removed from sewer lines,
lift stations and storm drains brought to the Contractor's appropriately and lawfully
permitted site located at 1300 Cold Springs Road, Fort Worth, Texas 76102. Such
waste shall be brought to the Contractor's facility by jetter and/or vactor trucks.
Contractor agrees to accept at least two trucks per day from the City, totaling
approximately one hundred (100) cubic yards of waste per week. However, the
City is not obligated to deliver any minimum amount to the Contractor.
2. Contractor shall possess a current TCEQ {Texas Commission on Environmental
Quality) MSW permit number and type MSW-1225-D, Municipal solid waste type
V non-hazardous municipal and industrial grease and grit processing facility.
3. Contractor shall provide all the labor, materials, and equipment necessary for the
transportation, and disposal of such solid waste on an as-needed basis.
4. Contractor shall collect, package (containerizing), and label any hazardous, or
special.
5. Contractor shall perform analysis of wastes for disposal to provide for disposal at
an appropriate facility in accordance with all applicable laws. Disposal includes,
but is not limited to incineration, treatment and landfilling.
6. Contractor's handling instructions and chain-of-custody protocols shall be in
accordance with all applicable law.
7. If Contractor collects hazardous or special waste during the performance of the
contract, Contractor shall notify the City as soon as possible and provide a
description of its disposal.
8. Contractor shall provide invoices per shipment that clearly identify shipment
address, shipment date, manifest(s) number, type of waste, quantity of each type
of waste.
9. Contractor certifies that it has and will maintain during the term of this contract,
current and appropriate federal, state, and local licenses and permits to perform
this contract. In addition, Contractor agrees to require any of its subcontractors
used to perform this contract to have and m intain current and appropriate federal,
state and local licenses and permits to perform the duties prescribed in this
contract.
Waste Disposal for Jetter and Vactor Trucks Final09/16/21 Page 13
EXHIBIT B
UNIT PRICES
Waste Disposal Unit Unit Price
0-50 Cubic Yard $80.00
51-100 Cubic Yard $80.00
Greater than 100 Cubic Yard $80.00
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